Karnataka High Court
Dr B V Vasanth Kumar vs The State Of Karnataka on 3 September, 2024
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NC: 2024:KHC:36022-DB
WP No. 24146 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO. 24146 OF 2024 (S-KSAT)
BETWEEN:
DR. B V VASANTH KUMAR
AGED ABOUT 57 YEARS,
S/O LATE B. VEERABHADRAPPA
PRINCIPAL (INCHARGE)
MAHARANI ARTS COLLEGE FOR WOMEN,
MYSURU - 570005
RESIDING AT NO.03, KHB COLONY,
HOOTAGALLI , MYSORE,
KARNATAKA-570018.
...PETITIONER
(BY SRI. R.SUBRAMANYA, ADVOCATE A/W
SRI. SUYOG HERELE E., ADVOCATE)
Digitally signed
by NANDINI D
Location: High AND:
Court of
Karnataka
1. THE STATE OF KARNATAKA
DEPARTMENT OF HIGHER EDUCATION,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION ,
M.S. BUILDING, BENGALURU-560001.
2. THE COMMISSIONER
DEPARTMENT OF COLLEGIATE AND
TECHNICAL EDUCATION,
OFFICE OF COMMISSIONER,
DEPARTMENT OF HIGHER EDUCATION,
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NC: 2024:KHC:36022-DB
WP No. 24146 of 2024
TANTRIKA SHIKSHANA BHAVANA,
PALACE ROAD,
BENGALURU-560001.
3. THE CHIEF ADMINISTRATIVE OFFICER
DEPARTMENT OF HIGHER EDUCATION,
TANTRIKA SHIKSHANA BHAVANA,
PALACE ROAD,
BENGALURU-560001.
4. THE REGIONAL JOINT DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION,
VINOBHA ROAD,
MYSURU - 570005.
5. SRI. BASAVARAJU H. M.
ASSISTANT PROFESSOR,
MAHARANI ARTS COLLEGE FOR WOMEN,
MYSURU-570005.
...RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA R1 TO R4,
SRI. PRITHVEESH M.K., ADV. A/W
SMT. RAMYA S.L, ADVOCATE FOR R5.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE
IMPUGNED ORDER DATED 30.08.2024 PASSED BY THE
LEARNED KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN
A.No-4165/2024 (PRODUCED AT ANNEXURE-A) IN SO FAR AS
REJECTING THE INTERIM RELIEF SOUGHT BY THE PETITIONER
AND CONSEQUENTLY GRANT INTERIM RELIEF AS PRAYED FOR
BY THE PETITIONER IN A.No-4165/2024.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE MR JUSTICE G BASAVARAJA
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NC: 2024:KHC:36022-DB
WP No. 24146 of 2024
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
Heard both sides.
2. Admittedly, the challenge raised in this Writ
Petition is against the non-grant of an interim relief by the
Karnataka State Administrative Tribunal as sought for by
the petitioner.
3. Learned counsel for the petitioner submits that
while declining interim relief, the Tribunal has even gone
to the extent of stating that the impugned order is neither
illegal nor contrary to law which would foreclose the
contentions of the petitioner in the main application. It is
further submitted that the observation that it is not
necessary to issue any prior notice to the applicant is also
not justified.
4. Having considered the contentions advanced on
either side, we notice that the application is still pending
before the Tribunal and it is just at interlocutory stage, the
interference of this Court under Article 226 of the
NC: 2024:KHC:36022-DB
Constitution of India exercising the power of the judicial
review, at this stage of the proceedings may not be
justified.
5. However, we make it clear that the contentions
of the parties shall be considered on merits by the Tribunal
and the expression of opinion, if any, is the order declining
interim relief shall not stand in the way of such proper
consideration on merits. We are confident that necessary
steps shall be taken by the Tribunal for expeditious
disposal of the matter without undue delay. Accordingly,
the Writ Petition stands disposed of.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
SSD
